Facing Charges in California? Here’s How Long Your Criminal Case Might Take

If you or someone you know is facing criminal charges in California, one of the first questions that often comes to mind is: “How long will my criminal case take?” The answer depends on several factors, including the nature of the charges, the jurisdiction, and whether the case goes to trial. This guide breaks down the criminal case timeline in California so you can better understand what to expect.

Why Criminal Case Timelines Vary

In California, the timeline of a criminal case can vary widely depending on:

• The severity of the charges (misdemeanor vs. felony)

• Whether you’re in custody or out on bail

• The complexity of the case (evidence, witnesses, motions, etc.)

• Whether the case is resolved through plea bargaining or goes to trial

Understanding the general timeline can help you prepare mentally, emotionally, and legally for what’s ahead.

Breakdown of a Criminal Case in California

1. Arrest and Booking (Hours to a Day)

Your case officially begins when you are arrested. After the arrest, you’ll be booked at the local jail, where law enforcement will take your fingerprints, photograph, and personal information. You may be held in custody or released on bail.

2. First Court Appearance – Arraignment (Within 48 Hours)

California law requires that you be brought before a judge for arraignment within 48 hours of your arrest (excluding weekends and holidays) if you are in custody.

At this stage:

• You are informed of the charges against you

• You are advised of your rights

• You enter a plea (Guilty, Not Guilty, or No Contest)

• The court may decide on bail or release conditions

Time estimate: 1–2 days after arrest

3. Pretrial Phase (Weeks to Months)

If you plead not guilty, the case enters the pretrial phase. This is where most of the legal legwork happens, including:

• Discovery: Both sides exchange evidence

• Motions: Legal arguments made to exclude evidence or dismiss charges

• Negotiations: Your attorney and the prosecutor may discuss a plea bargain

This phase can take anywhere from a few weeks to several months, especially if the case is complex or there are multiple defendants.

Time estimate: 1–6 months (longer for serious felonies)

4. Preliminary Hearing (Felony Cases Only – Usually Within 10 Court Days of Arraignment)

If you’re facing a felony, California law provides for a preliminary hearing, where the judge determines whether there’s enough evidence to move forward with a trial.

At this hearing:

• The prosecution presents evidence and witnesses

• Your attorney can cross-examine witnesses

• The judge decides if there’s “probable cause”

If the judge finds sufficient evidence, your case will be “held to answer” and proceed to trial.

Time estimate: Typically within 2–3 weeks post-arraignment (but may be delayed)

5. Trial (30 to 60 Days After Arraignment or Preliminary Hearing)

If no plea deal is reached, the case proceeds to trial. Under California law:

• Misdemeanor trials must begin within 30 days if the defendant is in custody, or 45 days if not

• Felony trials must begin within 60 days of the arraignment or preliminary hearing

However, many cases are delayed by mutual agreement (continuances) or legal necessity.

A criminal trial may last anywhere from a few days to several weeks, depending on:

• Number of witnesses

• Amount of evidence

• Legal motions and jury deliberations

Time estimate: 2–6 months after arrest (on average), but sometimes up to a year for complex felonies

What Factors Can Delay a Criminal Case?

Here are common reasons why a case might take longer than expected:

• Backlogged courts: California courts are often overwhelmed, especially in larger counties

• Attorney schedules: Coordinating between defense, prosecution, and court can delay hearings

• Ongoing investigations: Sometimes more evidence is needed, or new charges are added

• Mental health evaluations: If competency is in question, proceedings may pause

Can You Speed Up the Process?

In some situations, yes. California law allows defendants to “waive time” or “assert their right to a speedy trial.”

• If you believe delays are unfair or harmful, your attorney can file a motion to dismiss under California Penal Code §1382, which protects your right to a timely trial

• In other cases, waiving time may benefit you by allowing more time to gather evidence or negotiate a better plea deal

What About Plea Deals?

Most criminal cases in California do not go to trial. Instead, they are resolved through plea bargaining.

Benefits of plea deals:

• Faster resolution (often within a few weeks)

• Reduced charges or sentencing

• Avoiding the risk and stress of trial

If you’re offered a plea deal, speak with a qualified criminal defense attorney to understand the long-term consequences, especially related to:

• Immigration status

• Employment background checks

• Probation or parole conditions

Example Case Timelines

To give you a better idea, here are a few sample case timelines based on real-world averages in California:

• Hire a local criminal defense attorney: Laws vary by county, and an experienced local lawyer can help navigate the system efficiently

• Document everything: Keep records of court dates, communications, and evidence

• Stay informed: Attend all hearings and communicate regularly with your lawyer

• Don’t miss deadlines: Failing to appear can lead to arrest warrants or forfeited bail

Conclusion

Facing criminal charges in California is stressful, but knowing what to expect can reduce anxiety and help you make informed decisions. While every case is unique, understanding the general timeline and the factors that affect it can give you greater control over the process.

If you or a loved one has been charged, don’t wait. Speak with a qualified California criminal defense attorney who can evaluate your case, explain your options, and help you work toward the best possible outcome.

Get the Legal Support You Deserve

At Southwest Legal, we’ve helped thousands of Californians fight their criminal charges with confidence. Our experienced attorneys are dedicated to defending your rights and guiding you through every stage of the process — from arrest to resolution. Call us today for a free consultation. Don’t face the system alone. Let Southwest Legal stand by your side.